Patent Rights in the UK

If your business has created a new invention, you may consider obtaining a patent to protect your invention. In this article, we will discuss the rights a patent gives you, and the issues you may have if your invention is not suitably protected.

What is a Patent?

A patent is a type of intellectual property protection. It provides the patent holder with the exclusive right to manufacture or produce the subject of the patent. The patent holder can sell the patent outright or license its use to third parties. 

You tend to find patents in areas like technology, medicine, and engineering. Examples of popular patented inventions include:

• the telephone;
• toilet paper;
• bluetooth;
• the lightbulb; and
• the microwave.

What Rights Does a Patent Provide the Owner?

In most cases, the inventor holds the patent. The law grants the patent owner the exclusive right to produce the subject of the patent. It likewise restricts others from selling, importing, or distributing the subject of the patent without your consent. The patent entitles the patent holder to the exclusive right to produce the subject of the patent. This means that no other individual or organisation can make or use the product without the patent owner’s consent.

If someone tries to make, sell or use your patented product or process without your permission, they will have committed patent infringement. If you can prove infringement, you can sue them and claim damages if you are successful. 

As a piece of property, you can sell the patent to others. You will lose the rights over the invention, but this may be worth it for the right price. Alternatively, you can license the patent, allowing others to use your invention under limited circumstances. 

International Rights

It is important to note that if you are granted a UK patent, your patent protection only applies within this country. If you wish to protect your invention in other countries, you must apply for international protection.

If you fail to do so, individuals or organisations will be free to use your invention, manufacture, sell, etc., without your permission. You will not have a legal mechanism to stop them. If you are considering international trade, you should therefore seriously consider applying for protection under the relevant country’s laws.

How Long Does Patent Protection Last?

You must renew your patent every year, which you can do for up to 20 years from the registration date. Once the patent expires, anyone can use, sell or import the original invention without the consent of the original inventor or patent owner. The fees for renewing a patent vary every year and always increase annually. 

One exception to the rule of 20 years’ maximum protection is medicinal and plant protection products. For these types of inventions, you can extend certain protections for up to an additional five years.  

Key Takeaways

Patenting an invention grants the patent owner exclusive rights over their product or process. As a result, they can sue others that misuse the invention without their consent. Patent protection lasts a maximum of 20 years and must be renewed annually for a fee. If your product is medicine or plant protection, however, there is a possibility of extending the protection for a further five years. Patent registration is expensive, but you should consider if the price is worth the protection. 

Frequently Asked Questions